compulsory registration of a family settlement would depend on whether document in dispute: (A) created or transferred for the first time a right in immovable property, or, (B) was a memorandum which only recorded pre-existing rights in immovable property or arrangement(s) or terms already settled between the parties in respect of immovable property

Registration Act, 1908 — S. 17(2)(v) or S. 17(2)(vi) — Family settlement/arrangement: It is cl. (v) of S. 17(2) which is attracted in the case of a family settlement/arrangement, which pertains to execution of any document creating or extinguishing right, title or interest in an immovable property amongst the family members. Thus, the dictum in Kale, (1976) 3 SCC 119 is attracted. S. 17(vi) of the 1908 Act is not attracted. Hence, the issue of compulsory registration of a family settlement would depend on whether document in dispute: (A) created or transferred for the first time a right in immovable property, or, (B) was a memorandum which only recorded pre-existing rights in immovable property or arrangement(s) or terms already settled between the parties in respect of immovable property. It is only in Case (A) that the document would require compulsory registration. [Ravinder Kaur Grewal v. Manjit Kaur, (2020) 9 SCC 706]2019(4)CTC 936